Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-04-23
INFOR NATION
.~...FoR....
OWNERS AND LOcAT0Rs
s...OF....
MI L III -
APPLICATION FOR PATENT,

APPLICATION FOR PATENT,
Where papers have once been filed with a..
Register and Receiver they become a partnns
the record, and can neither be Withdrawn nv W.
returned, but must be transmitted to the e..
eral Land ONCE. ~"
An application will be rejected when the
sufficient.
Application for patent will be rejected n.
cause: %
First The notice was published witbop,n.
knowledge of the Register.
oecond-Ihe notice was not published In.
newspaper designated as published nesresttb.
claim.
Third-Record title was found defect,.
and S
Fourth--A previous application had bas,
made for the same premises, which was with
drawn pending = suit in Court commenced bv
the adverse claimant.
An application for patent will be reiactaa
when the survey does not accurately define the
boundaries OF the claim.
Where the claim was not located in accord.
ance with law.
Where several parties own separate and a,s.
tinct portions OF a claim, application n,
patent may be made by either for tn At portion
Of the claim owned by him but wbers soxs.si
parties own undivided interests 10 . mining
claim all should join In an application for
patent.
A person or association may purcbxsa ..
many placer locations as the local law xdm,ts.
and embrace them all In one application for q
patent.
Two or more lodes cannot be embraced In
one application Tor q patent except for placer
claims embracing two or more lodes within
their boundaries
Papers sworn TO before any person purport.
ing to act as q deputy for the Register and Re.
ceiver cannot be recorded as evidence.
In all patents for mining claims situated
within the interior boundaries of a town site
q clause Is Inserted excepting and excluding
all tnwp pr0narty vfuhta nnoo AZ.
and all houses, buildings. structures, lots.
blocks. streets, alleys or other municipal i'm
provements not belonging TO the grantee here.
in, and all rights necessary or proper to the
occupation, possession and enjoyment of the
same
Publication Of notice must be made q only
one newspaper for the period Of 60 days.
Notice must be published 10 consecutive
weeks In weekly newspapers, and In daily
newspapers 60 days must elspse between the
fret and last insertions.
Where the Register designstes the dsilyissu
of a M wspAper fer publication Of notices Of
mining application for patent IL Is not com.
pliance with law to change to the weekly edi-
tion Of the same paper without authority Of
the Register.
The existence OF o salt spring on o tract OF
land withdrsws it from the operation Of the
Homestead and presumption laws. A hearing
for the purpose of proving the agricultural
character Of such land 10 not allowed. Laud
containing valuable deposits Of slate may be
entered under the mining Aets.
ADVERSE cLA1xs.
Adverse claimants must ole q separate and
distinct claim agAinst each application which
1t IN alleged conflicts with the premises owned
by such adverse claimant.
The papers In an sdverse claim. once hled,
cannot DO withdrawn, but becomes part Of the
| record.
When an adverse claim has been hled II can.
not be amended so as 20 embrace q larger per-
ton of the premises than that described In the
original adverse claim.
An adverse claim must be made out in
proper form and filed in the proper local ofies
during the period OF publication Of the sppli.
cation for the patent to be effective.
II Is tho duty Of the adverse claimant o
commence suit in proper form within the re-
CURED time. and II he trusts the uncertain
medium Of the United States mail he must
abide the consequences. should the delay
i, ensue, through misfortune or accident. Should
the failure TO suit be the result OF
the cor fupt or dishonest action of his attorney.
the Interior Department cannot redress the
wrong.
An adverse claimant should sct forth in de-
tail the facts upon which he bases his adverse
claim. A statement in general terms, embody-
ing conclusions Of law, without stating the
facts specially, Will not be considered In evil
dence.
An adverse claiman, should show compli-
ance with the local laws In recording his claim
and In regard to expenditures. and shall hle 9
WY Va ~ a ~ va Liz -
show the nature or extent Of the eonnict
alleged.
An allegation of parties to q suit that they
. compose the company 10 sufhcient, and they
original ~locstors or the identical parties who
present the adverse claim.
AGRICULTURAL Oh MINERAL LANDS.
cultural purposes, but 10 essential to the
proper development OF mining claims, IL
should be disposed of under the Mining Act.
Where lands containing valuable mineral
deposits have been Included in an agricultural
entry, said entry Will be Cancelled ~ any time
prior to Issuance of patent, upon satisfactory
evidence Of the existence Of such vsluable de-
posits.
Where valuable deposits of mineral are dis
covered upon q tract after the same aas been
en- tered as agricultural, but before itent has
been issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be Cancelled ~
that portion of the land embraced by said
!, mining claim.
Where mineral deposits are discovered Oh
agricultural lands after the pa.ont has been
issued to an agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot be
ceived In payment for claims.
ALIENS.
A foreigner may mako a mining location
ulupObC Va " PIoFiuca no cCOAh . tsf-
before disposing OF the mine. Proof that the
party was not q citizen before disposing OF Ms
claim must be afirmstively shown.
Locators and intermediate owners, othei
than applicants. will not be presumed aliens,
10 in the absence Of allegation or objection prior
to issuance of patent.
The portion Of q mining claim sold TO ~ ~
alien cannot be patented while suoh owner u
an alien; but on his declarationi o become
citizen his right dates back to his purchase
" sud he may thereupon secure United stsse'
!, patent for his claim.
GROSS LEDaEs.
Revised Statutes. Section 1850:
Where two or more lodges cross or interseo
each other, priority Of title shall govern, an'
such prior location shall be entitled TO All ol
or mineral cont ,ined within the space OF inter
section, but the subsequent location shall nav
the right Of way through the space OF ln.os
section for the purpose Of the convenien
working OF the mine. And where two OF p,oI
veins unite the oldest or prior location snai
take the vein below the point OF union' ~
Guiding all the space Of intersection.
TUNNELS.
There Ia no authority of law for . tunne
location 5000 by 800 feet. A proper iocsno
" l 40 AhA auidkh ~ Aka A.AnAI fnr q NM fGet.